State v. Jones
Annotate this CaseUnder the terms of a plea agreement entered into with the State, Chris Jones agreed to plead guilty to three counts of second-degree rape and one count of kidnapping. After sentencing, Jones filed a motion to reconsider the sentence based upon an alleged violation of the plea agreement by the State. The trial court granted the motion and held a resentencing hearing. At the hearing, the trial court denied Jones's oral motion for a different sentencing judge. Jones appealed, arguing that he was entitled to resentencing before a different judge and that his sentence was cruel and unusual punishment. The Supreme Court affirmed, holding (1) because Jones did not contemporaneously object to the state's violation of the plea agreement, he forfeited his claim; (2) Jones did not demonstrate that the violation of the plea agreement resulted in plain error; and (3) given Jones's conduct and the fact that the sentence was well within the statutory maximums for his crimes, the sentence was not cruel and unusual punishment.
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